3  Defense

Data Characteristics

The digital infrastructure allows providers in different types of defense systems to define the functions of their system.

For all defense-related metrics, providers should share only data relating to publicly funded work they do to provide criminal defense services to persons charged who cannot afford to retain counsel. Following the definition set by partner organization the National Center for State Courts, Justice Counts defines a criminal court case as an action brought by a prosecutor on behalf of the jurisdiction their office represents against a person accused of violating a criminal law. Criminal cases are separated into three main categories:

  • Infractions: Minor violations typically punishable by payment of a fine.
  • Misdemeanors: Less serious crimes than a felony, typically punishable by less than a year of confinement, community supervision, fines, or other punishments.
  • Felonies: Serious criminal offenses punishable by more than a year in prison, including life in prison or, in some jurisdictions, the death penalty, or community supervision in some instances.

For providers in offices that provide civil or private defense services

Whenever possible, providers should share only data that relates to publicly funded criminal defense work. If it is not possible to disaggregate public defense data for some metrics, please prorate the metric to estimate the portion reflecting public defense work. For example, if 50 percent of the provider’s caseload are public defense cases, a provider could prorate their facility costs to reflect that 50 percent of the total cost is for public defense cases. Similarly, if public defense cases comprise 30 percent of an attorney’s caseload, that can be prorated as 0.3 full time equivalent positions. If it is not possible to disaggregate or prorate data, please add a contextual note when prompted to explain that the figures include data for civil or private defense services.

Global Definitions

To make configuring metrics as easy as possible, some concepts can be defined once at the outset of onboarding and then applied throughout the rest of your metrics configuration. These concepts include the definitions of felony cases and misdemeanor cases.

Felony Cases

Justice Counts description: A case in which the leading charge is a felony.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Cases with a leading felony charge
EXCLUDE Cases with a leading misdemeanor or infraction charge

Misdemeanor Cases

Justice Counts description: A case in which the leading charge is a misdemeanor.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Cases with a leading misdemeanor charge
EXCLUDE Cases with a leading felony charge
EXCLUDE Cases with a leading infraction charge

3.1 Funding

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount of funding for the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Funding timeframe and spend-down
INCLUDE Funding for single fiscal year
INCLUDE Biennium funding appropriated during the time period
INCLUDE Multi-year appropriations that are allocated during the time period
Funding purpose
INCLUDE Funding for criminal defense provider facility operations and maintenance
INCLUDE Funding for criminal defense provider staff and personnel
INCLUDE Funding for separate counsel in conflict cases
INCLUDE Funding for contracted personnel (e.g., expert witnesses, etc.)
INCLUDE Funding for electronic case management systems
EXCLUDE Funding for non-criminal case processing

3.1.1 State Appropriation

Breakdown description: The amount of funding appropriated by the state for the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Finalized state appropriations
EXCLUDE Proposed state appropriations
EXCLUDE Preliminary state appropriations
EXCLUDE Grants from state sources that are not budget appropriations approved by the legislature/governor

3.1.2 County or Municipal Appropriation

Breakdown description: The amount of funding appropriated by counties or municipalities for the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Finalized county or municipal appropriations
EXCLUDE Proposed county or municipal appropriations
EXCLUDE Preliminary county or municipal appropriations

3.1.3 Grants

Breakdown description: The amount of funding derived by the provider through grants and awards to be used for the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Local grants
INCLUDE State grants
INCLUDE Federal grants
INCLUDE Private or foundation grants

3.1.4 Fees

Breakdown description: The amount of funding earned by the provider through fees collected from people who are criminal public defense clients of the provider.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Fees charged to people who have been assigned criminal defense counsel due to indigence

3.1.5 Other Funding

Breakdown description: The amount of funding to be used for the operation and maintenance of defense providers and criminal public defense services that is not appropriations from the state, appropriations from the county or city, grants, or fees.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.1.6 Unknown Funding

Breakdown description: he amount of funding to be used for the operation and maintenance of defense providers and criminal public defense services for which the source is not known.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.2 Expenses

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount spent for the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Expenses timeframe and spend-down
INCLUDE Expenses for single fiscal year
INCLUDE Biennium funding appropriated during the time period
INCLUDE Multi-year appropriations that are allocated during the time period
Expense purpose
INCLUDE Expenses for provider facility construction, operations, and maintenance
INCLUDE Expenses for criminal defense services provided for clients through the provider, including transportation and bail services
INCLUDE Expenses for continuing legal education
INCLUDE Expenses for criminal defense provider staff and personnel
INCLUDE Expenses for contracted personnel (e.g., expert witnesses, etc.)
INCLUDE Expenses for electronic case management systems
EXCLUDE Expenses for non-criminal case processing

3.2.1 Personnel

Breakdown description: The amount spent by the office to employ personnel involved in the operation and maintenance of defense providers and criminal public defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Salaries
INCLUDE Benefits
INCLUDE Retirement contributions
INCLUDE Contracts for individuals doing work related to criminal public defense
EXCLUDE Companies or service providers contracted to support work related to criminal public defense

3.2.2 Training

Breakdown description: The amount spent on the training of personnel involved in the operation and maintenance of criminal public defense providers and the representation of people who are clients of those providers, including any associated expenses, such as registration fees and travel costs.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Annual training
INCLUDE Continuing education
INCLUDE Specialized training
EXCLUDE Courses or programs offered at no cost to individuals or the provider

3.2.3 Facilities and Equipment

Breakdown description: The amount spent for the purchase and use of the physical plant and property owned and operated by the provider for criminal defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Facility operations
INCLUDE Facility maintenance
INCLUDE Facility renovation
INCLUDE Facility construction
INCLUDE Equipment (e.g., computers, communication, and information technology infrastructure)

3.2.4 Other Expenses

Breakdown description: The amount spent on other costs relating the operation and maintenance of criminal public defense providers and the representation of people who are clients of those providers that are not personnel, training, or facilities and equipment expenses.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.2.5 Unknown Expenses

Breakdown description: The amount spent on other costs relating the operation and maintenance of criminal defense providers and the representation of people who are clients of those providers that are for an unknown purpose.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.3 Staff

Preferred sharing frequency: Annually
Preferred time period: Last day of fiscal year

Metric description: The number of full-time equivalent positions budgeted for the provider for criminal defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Filled positions
INCLUDE Staff positions budgeted but currently vacant
INCLUDE Full-time positions
INCLUDE Part-time positions
INCLUDE Contracted positions
INCLUDE Temporary positions
EXCLUDE Volunteer positions
EXCLUDE Intern positions

3.3.2 Administrative Staff

Breakdown description: The number of full-time equivalent positions that work to support the day-to-day organization and logistics of the provider for criminal defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Clerical staff
INCLUDE Data or analytic staff
INCLUDE Administrative supervisory or leadership staff
EXCLUDE Administrative staff positions budgeted but currently vacant

3.3.3 Investigative Staff

Breakdown description: The number of full-time equivalent positions that work to obtain evidence in support of the work of legal staff for criminal defense services.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Investigative staff
EXCLUDE Investigative staff positions budgeted but currently vacant

3.3.4 Other Staff

Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services that are not legal staff, administrative staff, or investigative staff.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.3.5 Unknown Staff

Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services of an unknown type.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.3.6 Vacant Positions (Any Staff Type)

Breakdown description: The number of full-time equivalent positions that provide or support criminal defense services of any type that are budgeted but not currently filled.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Vacant legal staff positions
INCLUDE Vacant administrative staff positions
INCLUDE Vacant administrative staff positions
INCLUDE Vacant investigative staff positions
INCLUDE Vacant staff positions of unknown type
EXCLUDE Filled positions
Note regarding staff vacancy

Vacancy by staff type is an issue that all subcommittees have raised as critical to consider for inclusion in the Tier 2 metrics and has been included on initial voting slates for consideration. Tier 2 metrics are scheduled to be released in May 2023.

3.4 Caseload

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: The ratio of the number of people with open criminal cases to the number of staff carrying a criminal caseload.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Number of people with open criminal cases carried by the provider (numerator)
INCLUDE Criminal cases open and active during the time period
INCLUDE Criminal cases assigned to an attorney but inactive
EXCLUDE Criminal cases not yet assigned to an attorney
Number of legal staff carrying a criminal caseload (denominator)
INCLUDE Line attorneys carrying a caseload
INCLUDE Supervising attorneys carrying a caseload
EXCLUDE Staff on leave whose criminal caseload is being covered by a colleague

3.4.1 Felony Caseload

Breakdown description: The ratio of the number of people with open felony cases to the number of staff carrying a felony caseload.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

Number of people with open felony cases carried by the provider (numerator)
INCLUDE Felony cases open and active during the sharing period
INCLUDE Felony cases assigned to an attorney but inactive
EXCLUDE Felony cases not yet assigned to an attorney
Number of legal staff carrying a felony caseload (denominator)
INCLUDE Line attorneys carrying a felony-only caseload
INCLUDE Supervising attorneys carrying a felony-only caseload
EXCLUDE Line or supervising attorneys carrying a mixed (felony and misdemeanor) caseload

3.4.2 Misdemeanor Caseload

Breakdown description: The ratio of the number of people with open misdemeanor cases to the number of staff carrying a misdemeanor caseload.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

Number of people with open misdemeanor cases carried by the provider (numerator)
INCLUDE Misdemeanor cases open and active during the sharing period
INCLUDE Misdemeanor cases assigned to an attorney but inactive
EXCLUDE Misdemeanor cases not yet assigned to an attorney
Number of legal staff carrying a misdemeanor caseload (denominator)
INCLUDE Line attorneys carrying a misdemeanor-only caseload
INCLUDE Supervising attorneys carrying a misdemeanor-only caseload
EXCLUDE Line or supervising attorneys carrying a mixed (felony and misdemeanor) caseload

3.4.3 Mixed Caseload

Breakdown description: The ratio of the number of people with open felony and misdemeanor cases to the number of staff carrying a mixed (felony and misdemeanor) caseload.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

Number of people with open mixed (felony and misdemeanor) cases carried by the provider (numerator)
INCLUDE Felony cases open and active during the sharing period
INCLUDE Felony cases assigned to an attorney but inactive
INCLUDE Misdemeanor cases open and active during the sharing period
INCLUDE Misdemeanor cases assigned to an attorney but inactive
EXCLUDE Felony cases not yet assigned to an attorney
EXCLUDE Misdemeanor cases not yet assigned to an attorney
Number of legal staff carrying a mixed caseload (denominator)
INCLUDE Line attorneys carrying a mixed caseload
INCLUDE Supervising attorneys carrying a mixed caseload
EXCLUDE Line or supervising attorneys carrying a felony-only caseload
EXCLUDE Line or supervising attorneys carrying a misdemeanor-only caseload

3.4.4 Other Caseload

Breakdown description: The ratio of the number of people with open criminal cases that are not felony or misdemeanor cases to the number of staff carrying a criminal caseload that does not comprise felony or misdemeanor cases.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.4.5 Unknown Caseload

Breakdown description: The ratio of the number of people with open criminal cases of unknown severity to the number of staff carrying a criminal caseload of unknown severity.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.5 Cases Appointed Counsel

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases opened by the provider.

If the same person is listed as the defendant in multiple cases, these cases are still counted separately if they were appointed an attorney on different dates

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE New criminal cases appointed to attorneys employed by the provider
EXCLUDE Inactive cases reopened
EXCLUDE Criminal cases transferred to conflict counsel

3.5.1 Felony Cases

Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was for a felony offense.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Cases with a leading felony charge
EXCLUDE Cases with a leading misdemeanor or infraction charge

3.5.2 Misdemeanor Cases

Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was for a misdemeanor offense .

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Cases with a leading misdemeanor charge
EXCLUDE Cases with a leading felony charge
EXCLUDE Cases with a leading infraction charge

3.5.3 Other Cases Referred

Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was not for a felony or misdemeanor .

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.5.4 Unknown Cases Referred

Breakdown description: The number of criminal cases appointed for representation by attorneys employed by the provider in which the leading charge was of unknown severity.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.6 Cases Disposed

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases for which representation by the provider ended during the time period.

If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Criminal cases diverted from traditional case processing
INCLUDE Criminal cases dismissed
INCLUDE Criminal cases resolved by plea
INCLUDE Criminal cases resolved at trial
EXCLUDE Cases marked as inactive, but not closed
EXCLUDE Pending criminal cases

3.6.1 Cases Disposed by Dismissal

Breakdown description: The number of criminal cases dismissed after filing and closed by the provider.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Cases with a leading felony charge dismissed
INCLUDE Cases with a leading misdemeanor charge dismissed

3.6.2 Cases Resolved by Plea

Breakdown description: The number of criminal cases resolved by plea and closed by the provider.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Cases with a leading felony charge resoloved by plea
INCLUDE Cases with a leading misdemeanor charge resoloved by plea

3.6.3 Cases Resolved at Trial

Breakdown description: The number of criminal cases resolved by trial.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Cases with a leading felony charge resolved at trial
INCLUDE Cases with a leading misdemeanor charge resolved at trial

3.6.4 Other Disposition

Breakdown description: The number of criminal cases disposed by the provider that were not dismissed, resolved by plea, or resolved at trial but disposed by another means.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.6.5 Unknown Disposition

Breakdown description: The number of criminal cases disposed by the provider for which the disposition method is unknown.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

3.7 Cases Disposed by Race and Ethnicity

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases for which representation by the provider ended during the sharing period, disaggregated by race and ethnicity of the person charged.

The definition of cases disposed configured in the Cases Disposed metric will be applied to this metric.

If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.

See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.

3.8 Cases Disposed by Biological Sex

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases for which representation by the provider has ended, disaggregated by biological sex of the person charged.

The definition of cases disposed configured in the Cases Disposed metric will be applied to this metric.

If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates or with different dispositions.

3.8.1 Male Biological Sex

Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is male.

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Male biological sex
EXCLUDE Unknown biological sex

3.8.2 Female Biological Sex

Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is female..

The Justice Counts preferred definition includes and excludes the following (if criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Female biological sex
EXCLUDE Unknown biological sex

3.8.3 Unknown Biological Sex

Breakdown description: The number of criminal cases disposed in which the defendant’s biological sex is unknown.

If criminal public defense data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

Note about gender identity metrics

Justice Counts is working to determine the best way to account for gender identity through this initiative. More information is forthcoming in early 2023.

Justice Counts recognizes that there is significant variation across defense providers for how, when, and by whom those data are collected and recorded. Therefore, in addition to configuring biological sex definitions, defense providers should also share information regarding the method of data collection for biological sex.

Please indicate the origin of biological sex data for the agency:

Yes/No Data are collected and recorded by a law enforcement agency and are applied unchanged by agency staff
Yes/No Data are collected and recorded by a law enforcement agency and are amended upon receipt by agency staff
Yes/No Data are collected and recorded by agency staff at intake
Yes/No Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are applied unchanged by agency staff
Yes/No Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are amended upon receipt by agency staff

Please indicate the method of data collection for biological sex data for the agency:

Yes/No Defendants self-report their biological sex
Yes/No Agency staff make determinations about biological sex for the people being processed
Yes/No It is not known how biological sex data is collected

3.9 Client Complaints Sustained

Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year

Metric description: The number of formal, written complaints made against criminal defense counsel that were subsequently sustained by the disciplinary board.

The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Complaints in criminal cases that were upheld or substantiated during the time period
INCLUDE Complaints in criminal cases resulting in punishment (e.g., reprimand, disbarment) during the time period
EXCLUDE Complaints in criminal cases that were unsubstantiated during the time period
EXCLUDE Complaints in criminal cases pending resolution
EXCLUDE Complaints in criminal cases submitted informally or not in writing
EXCLUDE Duplicate complaints in criminal cases